R.B. Mehrotra, J. - (1.) By means of the present writ petition, the petitioners have challenged the order, passed by the Central Government Industrial Labour Court, Kanpur dated 30.1.87. The Labour Court has allowed the application under Section 33-C (2) of the Industrial Disputes Act and has directed the petitioners-employer to pay a sum of Rs. 32,738-70 paise along with interest at the rate of 15% from 30.3.78 till date of its final payment.
(2.) The facts necessary for the decision are that Sri R. S. Verma (hereinafter referred to as 'the workman') moved an application for computation of money benefit amounting to Rs. 32,738-70 paise along with 18% compound interest on account of over time work between 17.8.61 to 11.3.78. The case of the workman is that he worked as conductor during the above period as a Special Ticket Examiner for the period 12.1.64 to 11.3.78, during which he too performed over time work beyond statutory hours of limit of work, but he was not paid over time despite repeated submission of bills for payment of the same and when the claim was not settled through normal channel the workman represented Central Industrial Relations Machinery (for short C.I.R.M.), Kanpur. The liability was discussed before the said machinery between the workman and the representative of the railway administration. The C.I.R.M. recorded the factual position and left it to the workman to seek remedy for nonpayment of the wages. Consequent thereto, the workman moved an application under Section 33-C (2) before the Central Government Industrial Labour Court, wherein the workmen furnished the proof of his over time work by filing over time bills and his diary maintained tor doing his duty.
(3.) The application was contested by the Railway Administration mainly on the ground that the claim is belated and the workman has preferred the belated claim when the entire records have been destroyed. The Management has also taken general plea that the claim is belated and whatever over time bills were prepared, were paid and no complaint was received from any corner regarding non-payment of over time bills. The Management has also denied any meeting of Assistant Labour Commissioner (Central) and the Railway Management. Lastly, the Management has objected that the workman has raised this dispute after seven years of his retirement, when he received all his dues and at a time when all the relevant records have been weeded out.;